Case Number:
19STCV23693
Hearing Date:
September 16, 2021
Dept:
S27
Background Facts
Plaintiff, Ramon Pereda filed this action against Defendants, Kevin Howell, Haley Howell, Adam Nadow, and the Jiu Jitsu League for damages arising out of injuries sustained while doing Jiu Jitsu.
Plaintiff subsequently named ATOS Jiu-Jitsu, LLC and Andre Galvao as doe defendants.
Motion for Summary Judgment
Parties’ Positions
Defendants move for summary judgment, contending the case is barred by the doctrine of primary assumption of the risk.
They contend they did not increase the risk inherent in the sport, and therefore they cannot be liable for Plaintiff’s injuries.
Plaintiff, in opposition to the motion, argues the choke hold Nadow used increased the risks inherent in the sport.
Plaintiff argues Defendants did not meet their moving burden on summary judgment.
He argues Nadow acted with animosity toward him at the time of the incident.
He argues permitting
Hearing Date
September 16, 2021
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Case Number:
19STCV23693
Hearing Date:
September 16, 2021
Dept:
S27
Background Facts
Plaintiff, Ramon Pereda filed this action against Defendants, Kevin Howell, Haley Howell, Adam Nadow, and the Jiu Jitsu League for damages arising out of injuries sustained while doing Jiu Jitsu.
Plaintiff subsequently named ATOS Jiu-Jitsu, LLC and Andre Galvao as doe defendants.
Motion for Summary Judgment
Parties’ Positions
Defendants move for summary judgment, contending the case is barred by the doctrine of primary assumption of the risk.
They contend they did not increase the risk inherent in the sport, and therefore they cannot be liable for Plaintiff’s injuries.
Plaintiff, in opposition to the motion, argues the choke hold Nadow used increased the risks inherent in the sport.
Plaintiff argues Defendants did not meet their moving burden on summary judgment.
He argues Nadow acted with animosity toward him at the time of the incident.
He argues permitting